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Supranational systems of dispute resolution and their integration into domestic legal systems : a view of the Latin American Experience

by Sofia Beatriz. Aguilar

Institution: McGill University
Department: Institute of Comparative Law.
Degree: Master of Laws
Year: 1999
Keywords: Dispute resolution (Law)  – Latin America.; Dispute resolution (Law)
Posted:
Record ID: 1698314
Full text PDF: http://digitool.library.mcgill.ca/thesisfile30281.pdf


Abstract

The influence of globalization over legal systems has resulted in, among other effects, the emergence of transnational law and new international players, such as multinational corporations (MNEs), non-governmental organizations (NGOs) and numerous international entities. The dynamics of the new players within the new transnational legal order have generated a need for a new supranational system of dispute resolution. The analysis focuses on the Latin American experience in adapting to judicial reform programs (sponsored by international organizations such as the World Bank and the International Development Bank) which promote the integration of Alternative Dispute Resolution (ADR) methods into domestic legal systems, in order to integrate such systems into a supranational system of dispute resolution for the entire continent. This study aims to explore various alternatives for preventing a continental supranational system of dispute resolution from undermining domestic democracies, while integrating developing countries into the process of commercial globalization.

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